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$page_title = "Terms of Service";
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$page_description = "The Kattare Terms of Service";
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Kättare Internet Services
Terms of Service
Kättare
Internet Services provides web page hosting, internet access, and web site
development. Kättare has certain legal and ethical responsibilities consisting with the use of
its server and equipment involved in these services.
Kättare Internet Services
reserves the right to suspend or cancel a customer's access to any or all services provided by
Kättare when we determine that an account has been inappropriately used.
Server Abuse
Any attempt to undermine or cause
harm to a server, or customer, of Kättare Internet Services is strictly prohibited.
Any unauthorized use of accounts or computers by a Kättare Internet Services customer, whether
or not the attacked account or computer belongs to Kättare Internet Services, will result in
action against the attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the seriousness of the
attack.
Kättare Internet Services has the right to discontinue service, or deny
access to anyone who violates our Policies or the terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is
due to violation of the terms outlined below.
Unacceptable uses also include, but are
NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined by Kättare Internet Services to be
unacceptable use of Kättare Internet Services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or which have
links to the following content:
- Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or profanity
- Promoting or providing instructional information about illegal activities,
or promoting physical harm or injury against any group or individual
- Displaying material containing obscene nudity or pornographic material
(not applicable to managed dedicated servers or colocations)
- Displaying material that exploits children under 18 years of age
- Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker utilities
Traffic (Bandwidth) Overuse
Kättare
Internet Services customers are privileged to be offered liberal traffic for their web sites.
The intention of Kättare Internet Services is to provide a large space to serve web documents,
not an off site storage area for electronic files. All (90%) of your web pages (html) must be
'linked' with files (.GIF, .JPEG, etc.) stored on a Kättare Internet Services server. Web
sites that are found to contain either/or no html documents, a large number of unlinked files
are subject to warning, suspension or cancellation at the discretion of Kättare Internet
Services management. Any customer who violates Kättare Internet Services policies in abusing
either space/site transfer will be notified and given 2 days to remedy the problem. If the
problem is not resolved within the allotted period, the client will be billed for the
overages.
To maintain the integrity of our shared hosting service the following
limitations apply:
For those that go over their allotted bandwidth, normal data
transfer cost of $2.50/1GB/month will be billed to your account. If you want to pre-pay for
bandwidth overages, email us and we may be able to work something out.
Kättare
Internet Services will be the sole arbiter as to what constitutes a violation of this
provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely
result in account cancellation.
Kättare Internet Services takes a zero-tolerance
approach to spam originating from our servers or for spam advertising of domains hosted on our
servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political or
religious tracts. Such messages may only be sent to those who have
explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any
domain sending stealth spam will be terminated without warning and without
refund.
- Sending numerous copies of the same or substantially similar message with
the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most
Usenet discussion groups and on most e-mail mailing lists. Inappropriate
posting may result in account cancellation. See the newsgroup or mailing
list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a
recipient asks to stop receiving e-mail, you must not send that person any
further messages.
Note: If you use the services of another provider to
promote a web site hosted by or through Kättare Internet Services (spamvertising), then the
provisions of the above Policy shall apply as if the spam were sent through our servers.
99.9% Uptime Guarantee
(1.)
Coverage
This 99.9% uptime guarantee applies to any Kättare Internet Services client in
good financial standing with Kättare Internet Services at the time of a service outage.
(2.) Service Level Agreement & Specifications
Kättare Internet Services endeavors
to have the content of your web site available for http access by any party in the world 99.9%
of the time. Network downtime (unavailability) is defined as 100% packet loss from Kättare
Internet Services to its backbone providers. Downtime is measured past 10 minutes after
notification of network failure via Kättare Internet Services online monitoring system. If the
service in question is not being monitored by our monitoring system, the client must email
support and have it added to the system before the service can be covered under the 99.9%
Uptime Guarantee. Kättare Internet
Services administrators will determine the end of the downtime by a test of the service from
outside the Kättare Internet Services network.
(3.) Credits
a. Shared Hosting -
In the event that your web site is not available for more than 99.9%, Kättare Internet
Services will credit the following month's service fee as follows. For any shared hosting
client, such credit shall be retroactive and shall be as calculated below and as measured 24
hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of
the monthly service charge for the affected month.
Monthly
Uptime |
Credit |
95%
to 99.8% |
10% |
90%
to 94.9% |
20% |
89.9%
or below |
50% |
b. Managed Dedicated Servers - For managed dedicated server customers
if the uptime is between 98.9% and 99.9% for any particular month the credit shall be
retroactive and equivalent to the difference between the guaranteed level of availability of
the customer's services during the month and the calculated actual level of availability of
the customer's services, multiplied by the actual charges incurred by the customer for the
services during that month period. In addition, for managed dedicated server, customers may be
entitled to additional credits as calculated below and as measured 24-hours a day in a
calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly
service charge for the affected month.
Minutes
of continuous downtime |
Credit |
60 |
10% |
5+
60 minute intervals |
25% |
In order for you to receive a credit on your account, you must
request such credit within twenty (20) days after you experienced the down time. You must
request credit by sending an email message to accounting@kattare.com. For security, the body of
this message must contain your account login, the dates and times of the unavailability of
your website, and the service effected. Credits will usually be applied within sixty (60) days
of your credit request. Credit to your account shall be your sole and exclusive remedy in the
event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the
event that you have any outage resulting from (1.) scheduled maintenance as posted from time
to time at Kättare Internet Services, (2.) your behavior or the performance or failure of your
equipment, facilities or applications, or (3.) circumstances beyond Kättare Internet
Services's reasonable control, including, without limitation, acts of any governmental body,
war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption or delay in
telecommunications or third party services, including DNS propagation, domain name
registration / transfer, failure of third party software or hardware or inability to obtain
raw materials, supplies, or power used in or equipment needed for provision of your web site,
or (4.) a client breaking any item in Kättare Internet Services "terms of service"
causing a machine to fail as a result.
CGI
Scripts
Each shared web hosting account comes with its own cgi-bin. (aka
cgi-local) You are free to use any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal shared server operation without prior warning.
(this section does not apply to managed dedicated servers)
Chat Rooms
We do not allow clients to install their own chat
rooms within a shared hosting account, without approving it with the Kättare Internet Services
Support Team. Many chat rooms tend to be large system hogs.
Abuse of the SMTP Mail Server
We do not allow clients to send
more than 2000 pieces of e-mail per day from a single email account. If you do send more than
2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you
are sending legitimate e-mails and they total more than 2000 per day your account may be moved
to a special server that is specifically designed to handle high volumes of e-mail. You
will be charged $50.00/month in addition to your regular hosting charges if your account is
moved to this server.
Background Running
Programs
We may allow programs to run continually in the background. These
are considered on a one-to-one basis. (this section does not apply to managed dedicated
servers or colocations.)
IRC
All IRC servers, clients, and BOTS must be cleared with the Kättare Internet Services Support
Team prior to running them. Anyone found to be in violation of this policy risks immediate
account termination.
Disk Overages
All Kättare Internet Services accounts come with quota disk space. Should you reach your
quota, you can email the Kättare Internet Services Support Team at support@kattare.com and request more disk space.
It is billed at $5/1 GB/month.
Payment
Policies
All accounts are set up on a pre-pay basis. Setup fees are
charged for all new accounts and major account changes and are non-refundable. All pricing is
guaranteed for the term of pre-payment. Kättare Internet Services reserves the right to change
prices at any time, unless other terms have been agreed upon. Any account not brought current
within a ten (10) days of e-mail notice or exceeding this time frame in any way is subject to
suspension. The customer is responsible for all money owed on the account from the time it was
established to the time that the customer notifies Kättare Internet Services via email to accounting@kattare.com to request termination of
services. All payment is in U.S. currency. Kättare Internet Services will bill each client
$25.00 per returned check, per wire transfer received and per credit card chargeback received.
All Kättare Internet Services accounts are setup on billing cycles. Your particular billing
cycle corresponds to the contract length that was initially chosen at setup. (which is monthly
by default) Your account will automatically renew at this length. There is no fee to
change to a shorter billing cycle at the end of the current cycle. Please contact the
accounting department at accounting@kattare.com
should you wish to change your billing cycle. Any account that is not brought current prior to
deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per
domain deactivated. Additionally, we reserve the right to charge your credit card for
any and all service fees if you go over 60 days due.
Cancellation
Kättare Internet Services reserves the right to
cancel service at any time. All fees paid in advance of cancellation will be pro-rated and
paid by Kättare Internet Services if Kättare Internet Services institutes it's right of
cancellation. Any violation of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
All of Kättare Internet Services web hosting
plans are backed by a 30 day money back guarantee. If you are not completely satisfied with
our services or support within the first 30 days of your service, you will be given a full
refund of the service amount including setup fees, but excluding domain registration
fees, add-on/upgrade fees and overages. No refund is available after the 30th day. If
you wish to cancel you can either call, or you can email accounting@kattare.com. Refunds will be made by
company check or issued back to your credit card within 30 days of receipt of
cancellation.
Service plans with a contract in place for a given period of time will be responsible for
meeting the terms of the contract. If a service cancellation is requested on a contract
that is still in effect, you will be responsible for the sum Kattare would have collected
in service fees until the expiration of the contract. If the service cancellation is requested
because of a service interruption caused by negligence of Kattare staff, Kattare will release
you from your contract obligations.
Intellectual Property Rights
Material accessible to you through Kättare Internet Services may be subject
to protection under the United States or other copyright laws, or laws
protecting trademarks, trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use Kättare Internet Services or its
servers and network in a manner that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material, which you access or receive through the Kättare
Internet Services network. If you use a domain name in connection with Kättare Internet
Services or similar service, you must not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
Network Security
Customers may not use the Kättare Internet
Services network with an attempt to circumvent user authentication or security of any host,
network, or account. This includes, but is not limited to, accessing data not intended for the
customer, logging into a server or account the customer is not expressly authorized to access,
password cracking, probing the security of other networks in search of weakness, or violation
of any other organization's security policy. Customers may not attempt to interfere or deny
service to any user, host, or network. This includes, but is not limited to, flooding, mail
bombing, or other deliberate attempts to overload or crash a host or network. Kättare Internet
Services will cooperate fully with investigations of violations of systems or network security
at other sites, including cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate system or network security may incur criminal
or civil liability.
Server Security
Kattare Internet Services updates software on it's servers on a regular basis. We will
always try to notify users at least a week in advance of upcoming software changes, however in instances where
security is at serious risk, Kattare will update the software in 24 hours or less, even if
it is not possible to notify you before such updates are made. Kattare will not take
responsibility for service interruptions necessitated by software security updates unless
the software was originally written by Kattare. This policy also applies to dedicated servers
and to colocations managed by Kattare staff.
Electronic Commerce
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and materials appearing online
or on your products, including without limitation (a) the accuracy and appropriateness of
content and materials appearing within the store or related to your products, (b) ensuring
that the content and materials appearing within the store or related to your products do not
violate or infringe upon the rights of any third party, and (c) ensuring that the content and
materials appearing within the store or related to your products are not libelous or otherwise
illegal. You will be solely responsible for the final calculation and application of shipping
and sales tax. You will also be solely responsible for accepting, processing, and filling any
customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related
customer information you may access as a result of conducting electronic commerce transactions
through your Web Site. You will keep all such information confidential and will use the same
degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly
(i) grant to Kättare Internet Services a license to cache the entirety of your Web Site,
including content supplied by third parties, hosted by Kättare Internet Services under this
Agreement and (ii) agree that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
IP Address Ownership
Kättare Internet Services
shall maintain and control ownership of all IP numbers and addresses that may be assigned to
you by Kättare Internet Services and Kättare Internet Services reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees
to pay Kättare Internet Services prior to the effectiveness of the desired domain name
registration, the then-current amounts set forth in the Kättare Internet Services price
schedule for the initial registration of the domain name and, should Customer choose to renew
the registration, subsequent renewals of the registration. All fees are non-refundable, in
whole or in part, even if Customer's domain name registration is suspended, cancelled or
transferred prior to the end of Customer's then current registration term. Kättare Internet
Services reserves the right to change fees, surcharges, renewal fees or to institute new fees
at any time, for any reason, at its sole discretion. Customer's requested domain name will not
be registered unless and until we receive actual payment of the registration fee, and have
confirmed Customer's registration in an email from Kättare Internet Services to the email
address indicated in Customer's registration application. In the event of a chargeback by a
credit card company (or similar action by another payment provider allowed by Kättare Internet
Services) in connection with the payments of the registration fee for Customer's domain name
registration, Customer agrees and acknowledges that the domain name registration shall be
transferred to Kättare Internet Services as the paying entity for that registration to the
registry and that we reserve all rights regarding such domain name including, without
limitation, the right to make the domain name available to other parties for purchase. Kättare
Internet Services will reinstate Customer's domain name registration solely at Kättare
Internet Services discretion, and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee.
Lawful Purpose
Kättare Internet Services reserves the right to
refuse service to anyone. Customers may only use Kättare Internet Services servers for lawful
purposes. Transmission of any material in violation of any Federal, State or Local regulation
is prohibited. This includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade secrets. The designation
of any materials as such described above is left entirely to the discretion of Kättare
Internet Services management. Regardless of the place of signing this agreement, the client
agrees that for purposes of venue and jurisdiction this contract was entered into and
performed in Benton County, Oregon, and any dispute will be litigated or arbitrated in Benton
County, Oregon. Customer further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will be held in Benton County
Courts. IN NO EVENT SHALL KATTARE INTERNET SERVICES MAXIMUM LIABILITY EXCEED FIVE HUNDRED
($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD KATTARE INTERNET SERVICES
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST KATTARE INTERNET SERVICES, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS KATTARE INTERNET SERVICES AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH KATTARE INTERNET SERVICES SERVER; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD
PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM KATTARE
INTERNET SERVICES SERVER.
Disclaimer
KATTARE INTERNET SERVICES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. KATTARE INTERNET SERVICES MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. KATTARE INTERNET SERVICES DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY KATTARE
INTERNET SERVICES AND ITS EMPLOYEES. KATTARE INTERNET SERVICES RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS, DEDICATED SERVERS, AND
COLOCATIONS OF KATTARE INTERNET SERVICES MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO
FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
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